Terms of Use:
These terms of use apply to anyone wishing to access the text messaging services offered on this website. To view our full terms and conditions, please refer to the PDF file available in English. By using this site, you acknowledge that you have read and fully accept our terms and conditions.
Description:
- Terms and Conditions: these terms of use of the service.
- GDPR: Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 concerning the protection of personal data and their free movement, repealing Directive 95/46/EC.
- Client: any individual aged at least 16 years or any legal entity accessing the services and having entered into an agreement with SendAnonymousSMS, or having received an offer or quote from them.
- Agreement: the contract established between SendAnonymousSMS and the Client regarding the use of the service.
- Parties: refers collectively to SendAnonymousSMS and the Client.
- Product(s): all SMS services made available through the website sendanonymoussms.co.nz.
- SendAnonymousSMS: brand operated by the company Send SMS Anonymously, headquartered in Lille.
1. Information about the Operator (SendAnonymousSMS)
- Company Name: SendAnonymousSMS, registered company in Lille.
- Email: For any inquiries, contact us at [email protected].
2. Scope of Application of the General Conditions
These General Conditions govern all offers, business relationships, agreements and legal interactions, present or future, between SendAnonymousSMS and the Client. The application of any general conditions of the Client is expressly excluded.
By accessing the services, using them, downloading or publishing content through them, the Client acknowledges that they have read, understood and accepted these General Conditions.
3. Offer and Conclusion of the Contract
Unless otherwise stated, all offers from SendAnonymousSMS are non-binding. Any obvious error in an offer (including typographical errors) shall not hold SendAnonymousSMS liable. The contract is deemed concluded once the Client clicks on a confirmation button such as "Send" or "Continue" on one of the platform's sites.
4. Payment Terms
All prices shown are in euros and include Value Added Tax (VAT) as well as any other applicable taxes, unless expressly stated otherwise. Unless otherwise provided in the contract or offer issued by SendAnonymousSMS, payment must be made immediately after the conclusion of the contract. In all cases, payment must occur no later than five (5) calendar days following the conclusion of the contract.
The Client may not offset any debt owed to SendAnonymousSMS against any claim SendAnonymousSMS may have against them, unless there is an express prior agreement from SendAnonymousSMS.
In the event of late payment by a consumer Client, and after a notice of default remaining unaddressed for fourteen (14) days, late penalties will apply in accordance with the provisions of article L. 441-10 of the Commercial Code. These penalties will be calculated based on a rate equivalent to three times the legal interest rate in force. In addition, a flat recovery fee of 40 euros will be owed by the professional Client, in accordance with article D. 441-5 of the Commercial Code, without prejudice to any additional costs incurred for debt collection.
If the Client acts in a professional capacity, extrajudicial recovery fees will be owed from the very first day of delay, amounting to 15% of the principal amount due, with a minimum of 40 euros.
5. Right of Withdrawal
In accordance with article L. 221-28 of the Consumer Code, the consumer Client expressly acknowledges that the service provided by SendAnonymousSMS is a service fully performed prior to the expiration of the fourteen (14) day withdrawal period. Consequently, they expressly waive their right of withdrawal. The right of withdrawal does not apply under any circumstances to Clients acting professionally.
6. Rights, Obligations and Responsibilities of the Client
The Customer guarantees that they are at least sixteen (16) years old at the time of accessing or using the service. When using the product, they must behave responsibly and in accordance with the expectations of a prudent user of Internet and SMS services.
The Customer agrees not to use the service to send messages or communications of an illegal nature to Anonymous or third parties. In particular, they are prohibited from sending, without limitation, offensive, racist, discriminatory, pornographic, provocative messages, or from engaging in unsolicited communications for commercial, ideological, or charitable purposes (also known as SPAM). The Customer also prohibits any use of the service for illegal or criminal purposes.
The Customer guarantees that the input of data and the sending of messages via the service will not infringe in any way on the rights of third parties, including intellectual property rights.
It is strictly prohibited for the Customer to run their own processes or programs, or external processes, on the systems and products of SendAnonymousSMS. The Customer must also refrain from using software or any other means that could disrupt the provision of services to other users.
The Customer agrees to use the sender's address legally, being careful not to use phone numbers that do not belong to them, fictitious names (including business names, first names, or surnames that are not those of the Customer), as well as illegal terms or symbols.
The Customer is in no way authorized to enter, transmit, or store personal data (as defined in Article 4 of the GDPR) via or in connection with the Product and/or the systems of SendAnonymousSMS, except for the personal data necessary to ensure compliance with the commitment specified above.
Despite the commitments specified in this section, the Customer retains full responsibility for the input of data into the Product as well as for the sending of messages and/or communications. SendAnonymousSMS does not verify the information entered or the messages transmitted.
As a result, the Customer remains legally responsible for all the data entered as well as for the messages or communications sent.
The Customer also agrees to indemnify SendAnonymousSMS against any claims from third parties (including, but not limited to, claims for damages, third-party indemnities, and fines imposed by regulatory authorities) arising from their actions or omissions that violate the obligations defined in this article.
In the event of the Customer's failure to comply with any of their obligations mentioned above, they must immediately pay SendAnonymousSMS a penalty of 5000 EUR per infraction, without prior notice being necessary, nor proof of damage. This penalty is due without prejudice to other remedies available to SendAnonymousSMS, including the possibility of seeking additional compensation.
In the event that the Customer fails to meet their contractual obligations, SendAnonymousSMS reserves the right to suspend access to the services by blocking the IP address, bank account number, credit card number, and/or email address used by the Customer to access the Product.
7. Rights, obligations, and responsibilities of SendAnonymousSMS
SendAnonymousSMS agrees to perform the Contract diligently and appropriately.
The dates, times of availability, and delivery deadlines communicated by SendAnonymousSMS are only estimates and do not constitute any firm commitments. This information cannot be considered as binding deadlines, unless explicitly stated otherwise.
In the event of a malfunction related to internet connectivity or hardware and/or software failure, SendAnonymousSMS will make efforts to resolve the issue as quickly as possible, but cannot be held responsible. If the failure originates from a third party, SendAnonymousSMS cannot be held responsible for the duration of the malfunction or its occurrence. In cases where the malfunction is attributable to the Client, the costs of restoration will be borne by the Client.
SendAnonymousSMS also reserves the right to temporarily suspend its services for maintenance operations, without this suspension giving rise to any liability on its part.
Finally, SendAnonymousSMS does not guarantee that messages or communications sent via the Product will arrive to the recipient in the same form as sent, nor that they will be received at the scheduled time.
As a result, SendAnonymousSMS disclaims all responsibility in the event of incorrect or delayed receipt of a message or communication.
8. Liability
The Products provided by SendAnonymousSMS are intended for use exclusively within the European Economic Area (EEA) and in France. In case of use of any of the Products outside the EEA, the Client solely assumes the risks associated with that use. Consequently, SendAnonymousSMS disclaims all responsibility for the use of its Products outside the EEA.
In the event of SendAnonymousSMS's non-fulfillment of its contractual obligations, its liability is limited to direct damages, up to the amount billed to the Client in the twelve months preceding the incident, with a cap of 2500 NZD per event or series of related events. These limitations of liability do not apply in cases of intentional wrongdoing or gross negligence by SendAnonymousSMS.
SendAnonymousSMS disclaims all liability for other types of damages, including but not limited to indirect, consequential damages, or losses related to lost revenue or profits.
SendAnonymousSMS cannot be held liable for delays, data loss, or failure to meet deadlines due to changes in the Client's circumstances, information, or materials, nor for damages arising from information or advice provided by SendAnonymousSMS that are not expressly included in the Agreement. The exclusions of liability mentioned in this paragraph do not apply in cases of intentional wrongdoing or gross negligence.
To be eligible for compensation, the Client must report any performance defect within two months of delivery. If a breach is identified, SendAnonymousSMS will, within a reasonable timeframe, rectify it, without being required to pay damages.
Any claim by the Client against SendAnonymousSMS will be time-barred after a period of twelve months from the incident, unless the Client has taken appropriate measures regarding that claim.
In the event of a fault by SendAnonymousSMS or its employees or subordinates for whom it is responsible, the liability of SendAnonymousSMS shall be limited to a maximum amount of NZD 2,500. This limitation of liability does not apply in cases of intentional wrongdoing or gross negligence.
The limitations and exclusions of liability of SendAnonymousSMS set out in the General Terms also apply to all natural or legal persons, employees or subordinates, whom SendAnonymousSMS engages in the performance of the Contract.
The limitations and exclusions of liability mentioned in this article do not limit any other exclusions and limitations of liability of SendAnonymousSMS contained in these General Terms.
9. Force Majeure
In addition to the provisions provided, a failure by SendAnonymousSMS to fulfil its obligations to the Client is also considered a case of force majeure when it results from a circumstance beyond the control of SendAnonymousSMS, preventing the total or partial performance of its obligations, or making such performance unreasonably onerous. Such circumstances include, but are not limited to, non-performance by suppliers or other third parties, power outages, computer viruses, strikes, and work stoppages.
In the event that such a situation occurs and prevents SendAnonymousSMS from fulfilling its obligations to the Client, these obligations may be suspended as long as SendAnonymousSMS is unable to perform them. If this situation persists for ten working days, both SendAnonymousSMS and the Client shall have the right to terminate all or part of the Contract in writing. In this case, SendAnonymousSMS shall not be liable to pay any compensation for any damage, even if it obtains an advantage related to the force majeure situation.
10. Confidentiality
The products of SendAnonymousSMS are not intended for children under the age of sixteen (16) years. SendAnonymousSMS does not knowingly solicit, collect, or retain information from individuals it knows are under sixteen (16) years old. No part of the products is designed to attract a demographic of under sixteen (16) years old. Furthermore, SendAnonymousSMS does not send any communication to anyone claiming to be under sixteen (16) years old. If SendAnonymousSMS learns that a user or client is under sixteen (16) years old, it will take the necessary steps to delete the personal information of that user/client from its systems. If you are a parent or guardian of a child you believe has disclosed personal information to SendAnonymousSMS, please contact us by mail so that this data can be removed from our system.
To the extent necessary for the performance of the Contract, the Client expressly authorises SendAnonymousSMS to process their personal data and to transmit it to third parties for this purpose.
SendAnonymousSMS also reserves the right to communicate personal data or other information to law enforcement authorities, particularly when the Product is used illegally by the Client, or in situations where SendAnonymousSMS is legally required to provide such information under a court order. The Client explicitly consents to this disclosure of data.
The IP address used by the Client is recorded when using the Product. In the case of payment via iDEAL, Bancontact, Sofort, eps, or Multibanco, the account or card number used by the Client, as well as the name, place of residence, and/or email address of the account or card holder, will also be retained. For payments made via PayPal, the following information will be recorded: name, email address, and address of the Client. In the case of payment by credit card, Apple Pay, Google Pay, or Microsoft Pay, the credit card data used will also be stored. If payment is made by phone, the phone number used will be recorded. The aforementioned data will be retained by SendAnonymousSMS for a period of 18 months. The Client explicitly consents to this collection and retention of data.
If the Client collects or processes personal data in any other way while using the Product, they will be considered the 'data controller' in accordance with Regulation (EU) 2016/679 (GDPR). Therefore, the Client must ensure that a legal basis exists for this data processing.
The Client agrees to indemnify SendAnonymousSMS against any demand or claim from third parties, including but not limited to, compensation requests and fines imposed by a regulatory authority, as well as any damages arising from an act or omission by the Client that violates, or is perceived as a violation of, applicable privacy legislation, such as the GDPR.
In accordance with the General Terms, the Client is not permitted to collect, send, or retain personal data (as defined in Article 4 of the GDPR) via, in, or with the Product and/or the systems of SendAnonymousSMS (unless otherwise specified in the General Terms). Thus, SendAnonymousSMS cannot be considered a data processor in the sense of Article 4 of the GDPR. If the Client fails to comply with this obligation, SendAnonymousSMS maintains its position that, for legal reasons, it cannot be qualified as a data processor under Article 4 of the GDPR. If, despite this, the GDPR should still consider SendAnonymousSMS a data processor, the provisions below will apply between the Parties, and only in this specific case.
This article constitutes an agreement regarding data processing, as described in Article 28 of the GDPR.
The Client ensures that a legal basis exists for the processing of personal data in accordance with Article 6(1) of the GDPR.
SendAnonymousSMS processes personal data solely on behalf of the Client and in accordance with their written instructions. If, according to SendAnonymousSMS, such an instruction violates the GDPR or any other European or national legislation relating to data protection, SendAnonymousSMS will immediately inform the Client.
SendAnonymousSMS is allowed to enlist third parties for the execution of the Contract. This includes subcontractors, such as web hosting companies. In the event of changes regarding the addition or replacement of subcontractors, the Client may object to these changes as long as the Contract between the Parties remains in effect.
As far as possible, SendAnonymousSMS will assist the Client, upon request, to fulfill their obligation to respond to data subject rights requests, in accordance with Chapter III of the GDPR. SendAnonymousSMS may charge the Client for the costs related to this assistance, calculated based on an agreed hourly rate in the Contract or, failing that, at a reasonable rate.
The Client agrees to independently respond to data subject rights requests as defined in Chapter III of the GDPR, in the event they have access to the personal data necessary for these requests.
Due to the nature of the processing and the information available to SendAnonymousSMS, it commits to provide all necessary assistance to the Client, upon request, to ensure compliance with the obligations set forth in Articles 32 to 36 of the GDPR. SendAnonymousSMS may charge for this assistance according to an agreed hourly rate in the Contract, or failing that, at a reasonable rate.
SendAnonymousSMS will take all necessary technical and organizational measures, as specified in Article 32 of the GDPR, to ensure an appropriate level of security based on identified risks.
In the event that SendAnonymousSMS detects a breach related to personal data, as described in Articles 33 and/or 34 of the GDPR (hereinafter referred to as a 'Data Breach'), it will immediately inform the Client. In this case, SendAnonymousSMS agrees, at the Client's request, to provide all necessary assistance to enable the Client to notify the competent supervisory authority, and, if necessary, to communicate the breach to affected individuals within the required timeframes.
SendAnonymousSMS, along with its collaborators, is obligated to ensure the confidentiality of personal data, except in cases of legal disclosure obligations or when the task of SendAnonymousSMS requires such disclosure.
Regarding the liability of SendAnonymousSMS, only the provisions stated in this article, as well as those agreed upon in the Contract and Terms and Conditions, apply.
SendAnonymousSMS shall not be liable for fines imposed on the Client by the competent regulatory authority, such as the Dutch Data Protection Authority, unless this results from intentional wrongdoing or gross negligence by SendAnonymousSMS.
Any shortcomings of third parties engaged in executing the Processing Agreement cannot be attributed to SendAnonymousSMS.
The Client has the right to verify SendAnonymousSMS's compliance with its obligations under this Processing Agreement through an audit. They must inform SendAnonymousSMS as soon as possible and specify who will conduct the audit, as well as the chosen method and timeline.
SendAnonymousSMS will have a reasonable period to raise any objections to the audit's execution. If objections are raised prior to the audit's implementation, the Parties agree to consult to resolve these disputes, taking into account each party's legitimate interests. SendAnonymousSMS may not refuse to cooperate with the audit on unfounded grounds (for example, by raising unreasonable objections). All costs related to this audit will be borne by the Client.
Upon request, SendAnonymousSMS will provide the Client with the necessary information to demonstrate compliance with the obligations outlined in Article 28 of the GDPR.
11. Intellectual Property
The Client warrants that the use of the Product does not violate any intellectual property rights belonging to third parties. It is prohibited for them to remove or alter any references related to these intellectual property rights.
SendAnonymousSMS reserves the right to implement technical measures to protect its intellectual property rights. If such protections are implemented for the Product and/or associated rights, the Client shall not remove or bypass these measures.
12. Complaint Procedure
SendAnonymousSMS will make every effort to respond to Client complaints as promptly as possible. The Client may submit a detailed complaint by contacting SendAnonymousSMS via the following email: [email protected]. If reasonably feasible, SendAnonymousSMS commits to addressing the complaint within five business days of receiving it and to providing a substantial response as soon as possible.
If the Client is a natural person acting in a private capacity and not in the course of their professional activity, they also have the option to submit a complaint to the Disputes Committee via the European ODR platform, accessible at the following site: https://ec.europa.eu/consumers/odr/.
The complaint procedures mentioned in this article do not affect the right of the Parties to bring matters before competent courts.
13. Final Provisions
The legal relations between the Parties shall be governed and interpreted in accordance with French law. The Vienna Sales Convention does not apply. These General Conditions are written in all possible languages. In the event of a contradiction, the Dutch version, available at https://envoyersmsanonyme.fr, shall prevail.
If the Client is a natural person acting in a private capacity and not in the course of their professional activity, any dispute arising from the contract concluded with this Client will be exclusively submitted to the competent court of the Client's place of residence.
The previous paragraph does not apply if the Client is acting in a commercial, industrial, craft, or professional capacity. In this case, any dispute related to the contract concluded between SendAnonymousSMS and a Client acting in a professional capacity shall be exclusively submitted to the French court.
The Client's rights under the Contract may not be assigned to a third party without the prior written consent of SendAnonymousSMS.
If the Client is a natural person acting in a private capacity and not in the course of their professional activity. Such provisions shall not form part of the agreement between SendAnonymousSMS and a natural person acting for non-professional purposes.
In the event that any provision of the Contract is deemed invalid, void, or unenforceable, the Contract shall remain valid. The Parties shall strive to replace this provision with a new, legally valid one that achieves as closely as possible the same purpose and effect as the invalidated provision.